Section 21856 Of Article 1. Driving Cattle From Their Range From California Food And Agricultural Code >> Division 10. >> Chapter 9. >> Article 1.
21856
. (a) The judge before whom any person is tried for the
wrongful taking, possessing, killing, or slaughter of cattle without
the consent of the owner or the person lawfully in possession of
those cattle may, upon the conviction of the person tried, order the
forfeiture of any device or apparatus that is designed to be, or is
capable of being, used to commit the offense charged, and which was
used in committing the offense charged. "Device or apparatus"
includes, but is not limited to, any vehicle that is used or intended
for use in taking, possessing, harboring, or transporting the
cattle.
(b) Any device or apparatus ordered forfeited shall be sold, used,
or destroyed by the department.
(c) The provisions in this section authorizing a judge to order
the forfeiture of a device or apparatus are also applicable to the
judge, referee, or juvenile hearing officer in a juvenile court
action brought under Section 258 of the Welfare and Institutions
Code.
(d) For purposes of this section, a plea of nolo contendere or no
contest, or forfeiture of bail, constitutes a conviction.
(e) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
forfeiture upon conviction impairs the right of the department to
commence proceedings to order the forfeiture of property pursuant to
any other provision of law.